UNIVERSITY OF HOUSTON SYSTEM
ADMINISTRATIVE MEMORANDUM
SECTION:
General Administration
AREA:
Legal Affairs
SUBJECT:
Student Academic Adjustments/Auxiliary Aids Policy (Interim 2)
1.
2.
NUMBER: 01.D.09
PURPOSE
1.1.
The University of Houston System (“System”) adheres to the mandates of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the
ADA Amendments Act of 2008, as applicable. The System has developed this
Student Academic Adjustments/Auxiliary Aids Policy (“Policy”) to assist with
the submission and processing of student academic adjustments/auxiliary aids
requests. This Policy applies to students within each of the five units (the System
and the four universities) who have a disability as defined by this Policy as well
as federal and state law.
1.2.
The System does not discriminate on the basis of disability against students in any
program, service or activity offered by the System. The System is committed to
ensuring that no student with a disability is excluded, denied services, segregated
or otherwise treated differently than other students because of the absence of a
reasonable academic adjustment/auxiliary aid.
1.3.
It is the policy of the System that all students who have a disability are afforded
equal academic opportunities in compliance with federal and state laws. The
System, in keeping with its values and goals, provides reasonable academic
adjustments/auxiliary aids to students with disabilities that are currently
manifested.
DEFINITIONS
2.1.
Student With a Disability ‒ A student who 1) with has a physical, cognitive,
psychological, learning and/or sensoryor mental impairment who, as a result of
such impairment, is which substantially limitsed in performing one or more major
life activities., 2) This includes students who have has a “record of” such
impairment, or 3) is regarded as having such an impairment.
2.2.
Major Life Activity ‒ An activity that is considered important for living and that
the average individual can perform with little or no difficulty. Major life
activities Functions which include, but are not limited to, caring for oneself,
performing manual tasks, walking, seeing, hearing, speaking, breathing, learning,
working, talking, eating, sleeping, seeing, hearing, breathing, learning, working,
standing, lifting, bending, reading, concentrating, thinking, and communicating,
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caring for oneself or the operation of a major bodily function (including, but not
limited to, functions of the immune system, normal cell growth, digestive, bowel,
bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive
functions).
2.3.
Reasonable Academic Adjustments/Auxiliary Aids ‒ A reasonable academic
adjustment/auxiliary aid in the academic environment, including facilities,
services, instruction delivery, testing and/or equipment, that would allow the
student to have equal access to her/his academic program(s) and equal
opportunity to pursue her/his academic goals, so long as it does not create an
undue burden or hardship to the System or University.Reasonable Academic
Adjustments are modifications to academic requirements that are necessary to
ensure that such requirements do not discriminate or have the effects of
discriminating, on the basis of handicap, against a qualified handicapped applicant
or student. Academic requirements that are essential to the instruction being
pursued by such student or to any directly related licensing requirement will not
be regarded as discriminatory. Modifications may include changes in the length
of time permitted for the completion of degree requirements, substitution of
specific courses required for the completion of degree requirements, and
adaptation of the manner in which specific courses are conducted.
Reasonable Auxiliary Aids may include, but are not limited to, taped texts,
interpreters or other effective methods of making orally delivered materials
available to students with hearing impairments, readers in libraries for students
with visual impairments, classroom equipment adapted for use by students with
manual impairments, and other similar services and actions.
2.4.
Undue Burden/Hardship ‒ Any academic adjustment/auxiliary aid that would:
a) fundamentally affect or change the nature of a program or course being taught;
b) be significantly disruptive; c) be very costly to the component institution; or
d) fundamentally alter the essential requirements of instruction or course
requirements. In addition, it is an undue burden/hardship to permit any
substitution or waiver for any course that comprises the Undergraduate Core
Curriculum.result in a significant financial or administrative burden or expense.
Factors to consider in determining an undue burden/hardship include: 1) the
overall size of the program or activity with respect to the number of employees,
number and type of facilities, and size of budget; 2) the type of operation,
including the composition and structure of the workforce; and 3) the nature and
cost of the accommodation needed.
2.5.
Fundamental Alteration - Any academic adjustment/auxiliary aid that would
fundamentally affect or change the nature of a program or course being taught or
that fundamentally alters the essential requirements of instruction or course
requirements.
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3.
2.6
Substantial Limitation ‒ An impairment or restriction whereby a student cannot
perform one or more Major Life Activities, or is hindered as to the condition,
manner or duration under which a student can perform one or more Major Life
Activities as compared to the average student in the general performance of the
affected activity.
2.76
ADA/504 Coordinator – The person who is designated to coordinate efforts to
comply with and implement this Policy pursuant to the Americans with
Disabilities Act and Section 504 of the Rehabilitation Act. The ADA/504
Coordinator is available to discuss options, provide support, explain University
policies and procedures and provide education on relevant issues. The ADA/504
Coordinator may designate one or more Assistant ADA/504 Coordinators. To
find the ADA/504 Coordinator for each campus please visit:
ada504@uhs.edu_http://www.uh.edu/legal-affairs/equal-opportunity/ADA-504/.
2.8
Student Disability Services Office – An office established at each component
institution that assists in providing accommodations and support services to
Students with Disabilities.
2.9
Student Disability Services Director/Manager – The person who is the designee of
the component institution’s student disability services office that has the authority
to determine a student’s disability status. This person may determine the presence
of a disability without corroborating documentation, if the nature and extent of the
disability is evident.
CONFIDENTIALITY
3.1
4.
Records or information obtained as part of the accommodation request process
that reflect diagnoses, evaluation or treatment of a student’s medical or mental
health condition are confidential and shall be maintained by the University’s
Sstudent Ddisability Sservices centerOffice. Such records or information shall be
shared with only those System or University officials who the University’s
Sstudent Ddisability Sservices center Office and/or the System’s General Counsel
or her/histheir designee determines have a “need to know” such information
and/or the content of such records in order to evaluate and/or implement the
academic adjustments/auxiliary aids request, and such records shall not otherwise
be released to anyone except as required by law.
INSTRUCTOR RIGHTS AND RESPONSIBILITIES
4.1.
Each course instructor, and any individual who teaches a course at any component
or teaching center within the University of Houston System, has an obligation to
be aware of the System’s policies and procedures regarding equal educational
opportunities for students. An instructor may contact their University’s Sstudent
Ddisability Sservices centerOffice Director/Manager or their designee, the
Academic Accommodations Evaluation Committee (“AAEC”) or ADA/504
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Coordinator with questions or concerns. It is the responsibility of each
instructor’s Department Chair to ensure that all instructors, i.e. faculty, teaching
assistants, lecturers, and others involved with the instructional responsibilities,
know and understand their obligations with regard to this policy. Failure to
follow the procedures of this Policy may be considered a violation of this Policy
and may result in disciplinary action.
4.2.
The System also requires that each instructor informs to her/histheir classes at the
beginning of each semester of the instructor’s willingness to reasonably assist
Students with Disabilities. The instructor will provide the class with the contact
information of the University’s student disability services centeroffice.
Furthermore, the System suggests that all course syllabi contain the following
statement:
The University of Houston System complies with Section 504 of the
Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990,
pertaining to the provision of reasonable academic adjustments/auxiliary aids
for students with a disabilitystudents who have a disability. In accordance with
Section 504 and ADA guidelines, each University within the System [enter
name of compontent institution here] strives to provide reasonable academic
adjustments/auxiliary aids to students who request and require them. If you
believe that you have a disability requiring an academic adjustments/auxiliary
aid, please contact [enteryour the name and contact information of
University’sthe component institution’s Sstudent Ddisability Sservices
centerOffice here].
5. ACADEMIC ADJUSTMENTS/AUXILIARY AIDS REQUESTS
5.1.
Step One: Student Meeting With Student Disability Services CenterOffice
5.1.1. A Student with a Disability who wants to request an academic
adjustments/auxiliary aids must first contact the University’s Sstudent
Ddisability Sservices Officecenter to schedule a meeting with the
centeroffice. Only students who schedule and meet with a representative
of the center office will be considered for academic adjustments/auxiliary
aids. The meeting may be in person, telephonic or electronic. The
University’s Sstudent Ddisability Sservices center Office will establish a
student file.
5.1.2. Two business days before the meeting, the student may be required to
provide current documentation of a disability from an appropriately
licensed professional that clearly identifies the nature of the disability and
how the disability affects a Major Life Activity. The student is
responsible for any costs necessary to provide the appropriate
documentation from the professional. Please refer to the component
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institution’s student disability services website the following web site for
additional information about regarding documentation.
Http://www.uh.edu/csd/documentation.htm With written student
authorization, the University’s Sstudent Ddisability Sservices Officecenter
may obtain, at the University’s expense, an independent medical opinion
concerning the disability for which the student seeks an academic
adjustment/auxiliary aid, including additional suggestions or
recommendations regarding Reasonable Academic Adjustments/Auxiliary
Aids. A student’s failure to grant such authorization may result in a denial
of the student’s request.
5.2.
5.3.
Step Two: Completing the Academic Adjustments/Auxiliary Aids Request
Accommodation Form
5.2.1
A student who seeks an academic adjustment/auxiliary aid must complete
an Academic Adjustments/Auxiliary Aids Request Accommodation Form
(“Request Accommodation Form”) with the University’s Sstudent
Ddisability Sservices centerOffice.
5.2.2
If the institution has implemented an electronic (on-line) system for
processing request accommodation forms, all accommodation
requestforms(s) will be processed through that system. If an electronic
system is not available at the institution, or if a circumstance prevents its
utilization (as determined by the institutions ADA/504 Ccoordinator), the
student’s request form will be processed using the approved
written/printed accommodationrequest form. This form can be accessed at
any the University’s Sstudent Ddisability Sservices Officecenter.
5.2.3
Once the student and the University’s Sstudent Ddisabilities Sservice
center Office haves completed the request accommodation form, the
student and appropriate center representative(s) will sign the request
accommodation form (either electronically through the on-line system or
on the written/printed form) . The Student Disability Services Office will
The form will then be forwarded the form to the Academic
Accommodations Evaluation Committee (“AAEC”) for their review.
Step Three: Academic Accommodations Evaluation Committee
5.3.1. The AAEC is charged with evaluating student academic
adjustments/auxiliary aids requests presented through the request
accommodation form developed by the student with the support of the
University’s student Student Ddisability Sservices Officecenter. The
AAEC will evaluate all initial and revised requests forms for academic
adjustments/auxiliary aids.
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5.3.2. The University’s Senior Vice President for Academic Affairs and Provost
(or comparable administrator) will appoint the AAEC (including the
chairperson), which will be comprised of no less than three faculty and/or
staff members who have professional expertise in relevant areas (e.g.,
learning disorders, sensory disorders, on-line education, special education,
etc.). The head Director/Manager of the University’s Sstudent Ddisability
Sservices center Office will also be appointed as an ex-officio (non-a
voting) member. The AAEC will meet prior to the start of each semester
and on a regular schedule thereafter to review student academic
adjustments/auxiliary aids requests qualifying documentation in a timely
manner.
5.3.3. Based on a careful and rational review of the student’s filequalifying
documentation, the AAEC will consider recommendations regarding the
student’s academic adjustments/auxiliary aids request accommodation
form. The AAEC may: 1) implement recommend the requested
accommodation without modification; 2) deny the student’s requested
accommodation; or 3) implement recommend an alternative
accommodation. The AAEC recommendation will be based on a majority
vote and the recommendation will be made within five business days from
reviewing the student’s filequalifying documentation. The AAEC will
note its recommendation on the request accommodation form. Notice of
AAEC’s recommendation will be sent to both the student and the
University’s Sstudent Ddisability Sservices Officecenter. If an electronic
systema paper/written form is not being utilized, the University’s Sstudent
Ddisability Sservices center Office will notify the student of the AAEC’s
recommendation within three business days of receiving the
recommendation.
5.3.4
If the student is not satisfied with the accommodation decided by the
AAEC, the student may request for the appropriate academic administrator
or their designee to review the accommodation recommendation. The
request to review the recommended accommodation must be made to the
ADA/504 Coordinator within seven business days of the notification of
the AAEC’s recommendation decision. The ADA/504 Coordinator will
then forward the request to the appropriate academic administrator or their
designee.
In consultation with various relevant parties, the appropriate academic
administrator or their designee will approve the AAEC’s recommendation
or recommend an alternative accommodation. The appropriate academic
administrator or their designee will provide justification to the student for
their decision. The accommodation recommended by the AAEC will be
provided until a final decision is made by the appropriate academic
administrator or their designee.
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5.4.
Step Four: Student Submission
5.4.1. The Sstudents isare responsible for submitting the request accommodation
form to the instructors who’s for whose course(s) the student intends to
utilize the requested accommodation. The student is also responsible for
securing the instructor’s signature on the accommodation form. .
For a students using an electronic request accommodation form, the
student will: 1) Identify and select which recommended accommodation(s)
they intend to utilize; 2) Identify and select which the courses for which
they intend to use the selected accommodations; and then, 3) Submit the
request accommodation form to those their recommended instructor(s).
5.4.2. For a students who does not have access to the electronic form, it is the
responsibility of the student to: 1) access Obtainthe formaccommodation
form(s) from the Sstudent Ddisability center Services Office; 2) Submit
the form(s) to the instructor(s) for whose course(s) the student intends to
utilize the requested accommodation; and 3) Advise the instructor(s) as to
what recommended accommodation(s) are needed for the course.
to secure the instructors’ and/or officials’ signatures on the request form.
5.4.23. Students may seek assistance from the University’s Sstudent Ddisability
Sservices center Office in submitting and presenting the request
accommodation form(s) to instructors or officials, if needed.
5.5.
Step Five: Instructor/Official Intructor’s Supervisor Decision
5.5.1. The instructor or appropriate official is strongly encouraged to provide a
recommended academic adjustment/auxiliary aid whenever possible.
Within seven business days of receipt of the request accommodation form,
the instructor must decide to either: 1) accept the AAEC’s
recommendation and provide the accommodation; or, 2) deny the AAEC’s
recommendation. If no action is taken and a decision is not made by the
instructor within seven business days of the instructor’s receipt of the
RequestAccommodation Form, the request will be deemed approved and
the accommodation will be provided by the instructor.
If the instructor has any concerns regarding the requested accommodation,
the instructor may must request a consultation with the student and/ora
representative from the University’s Sstudent Ddisability Sservices center
Office Director/Manager or their designee and AAEC so that further
understanding and collaboration with the student in providing the
requested accommodation can be achieved. The instructor’s decision to
accept the requested accommodation must be made within seven business
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days of the instructor’s receipt of the accommodation form. The instructor
must provide written nNotification of the decision to accept the requested
accommodation must be provided by the instructor and in writing to the
student and the University’s Sstudent Ddisability Sservices Office. If a
meeting is desired, an accommodation authorized by the ADA/504
coordinator will be provided until the meeting is held and a decision is
made by the instructor. If no action is taken and a decision is not made by
the instructor within seven business days of the instructor’s receipt of the
Request Form, the request will be deemed approved and the
accommodation will be provided by the instructor.
5.5.2. In order to deny a recommended accommodationf the instructor denies the
recommended accommodation, the instructor must first obtain signed
approval from his or hertheir supervisor (e.g., the instructor’s department
chair, dean, or his or hertheir designee). The AAEC’s recommended
accommodation will be implemented while the supervisor is considering
the proposed denial from the instructor, until a final decision is made. The
supervisor must consult with the Student Disabilities Services Office
Director/Manager or their designee, prior to approving a denial. If a
decision is not made by the supervisor within seven business days of the
supervisor’s receipt of the request form, the request will be deemed
approved and the accommodation will be provided by the instructor.
If an electronic request paper/written accommodation form is not being
utilized, it is the instructor’s supervisor’s responsibility obtain signed
approval and to notify the student and the University’s Sstudent
Ddisability Sservices Officecenter in writing of his or hertheir decision
within seven business days. If a decision is not made by the supervisor
within seven business days of the supervisor’s receipt of the request form,
the request will be deemed approved and the accommodation will be
provided by the instructor.
5.5.3. The instructor’s supervisor is strongly encouraged to provide a
recommended academic adjustment/auxiliary aid whenever possible. If
the instructor’s supervisor has any concerns regarding the requested
accommodation, the instructor’s supervisor must request a consultation
with the University’s Student Disability Services Office Director/Manager
or their designee so that further understanding and collaboration with the
student in providing the requested accommodation can be achieved.
If a supervisor (the instructor’s chair, dean or his or her designee)
approves a denial of a recommended academic adjustment/auxiliary aid,
the supervisor will attempt to facilitate a reasonable accommodation with
the assistance of the student, instructor or official, Sstudent Ddisability
Services center Office representativeDirector/Manager or their designee,
and the AAEC Chairperson and/or the University’s ADA/504
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Coordinator. If an agreement is not reached by the student and instructor,
the supervisor will notify the ADA/504 Coordinator of such, who will find
a reasonable accommodation within seven business days of the
supervisor’s notification. The ADA/504 Coordinator will provide
justification to the relevant parties for their decision..
5.5.4. The instructor shall notify their supervisor iIf an instructor implements an
academic adjustment/auxiliary aid and later discovers believes that the
accommodation may havehas become an undue burden/hardship by
showing that it has: a) fundamentally affected or changed the nature of a
program or course being taught; b) been significantly disruptive; c)
become very costly to the component institution; or d) fundamentally
altered the essential requirements of instruction or course requirements
and/or a fundamental alteration. , If after consulting with the Student
Disabilities Services Office Director/Manager or their designee, the
instructor’s supervisor cannot resolve the issue, or if the instructor’s
supervisor agrees with the instructor, then the instructor’s supervisor
should shall contact the student, the University’s S student Ddisability
Services centerOffice Director/Manager or their designee, and the AAEC
Chairperson and/or the University’s ADA/504 Coordinator to attempt to
find a reasonable accommodation. If an accommodation is not reached and
agreed to by the student and instructor, the supervisor will notify the
ADA/504 Coordinator of such, who will evaluate the matter and find a
reasonable accommodation, if necessary. The ADA/504 Coordinator will
notify the parties in writing of the final decision within seven business
days of the notification by the supervisor. The ADA/504 Coordinator will
provide justification to the relevant parties for their decision. The
AAEC’s recommended accommodation will continue to be implemented
throughout this process.
5.5.5. An instructor or official who implements an academic
adjustment/auxiliary aid and the student may be asked to provide
information to the University’s Sstudent Ddisability Sservices center
Office and to the AAEC regarding both the manageability and
effectiveness of the accommodation(s) at the end of the semester. This
may be accomplished by periodic surveys. Students, instructors and
officialsinstructor’s supervisors are also encouraged to provide
suggestions for possible improvements.
5.5.6
If the student or instructor is not satisfied with the accommodation decided
by the ADA/504 Coordinator, either the student or the instructor may
request the appropriate academic administrator or their designee to review
the accommodation. The request to review the accommodation must be
made to the ADA/504 Coordinator within seven business days of the
notification of the ADA/504 Coordinator's decision. The ADA/504
Coordinator will then forward the request to the appropriate academic
administrator or their designee.
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In consultation with various relevant parties, the appropriate academic
administrator or their designee will approve the ADA/504’s decision or
recommend an alternative accommodation. The appropriate academic
administrator or their designee will provide justification to the student for
their decision. The accommodation decided by the ADA/504 Coordinator
will be provided until a final decision is made by the appropriate academic
administrator.
5.6.
Step Six: Appeals
5.6.1.
6.
7.
If the student or instructor is not satisfied with the accommodation decided
by the ADA Coordinator, either the student or the instructor may request
the appropriate academic administrator, or his or her designee, to review
the accommodation. The request to review the accommodation must be
made within seven business days of the notification of the ADA
Coordinator's decision. Until a final decision is made by the appropriate
academic administrator, the accommodation decided by the ADA
Coordinator will be provided.
REVIEW AND RESPONSIBILITY
Responsible Party:
Vice Chancellor for Legal Affairs and General Counsel
Review:
Every three years on or before August 31
APPROVAL
Approved:
Vice Chancellor for Legal Affairs and General Counsel
Chancellor
Date:
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REVISION LOG
Revision
Number
Approval
Date
Description of Changes
Interim
1
11/29/2012
Initial version (submitted as Interim)
05/22/2013
Interim
08/13/2013
This SAM is being submitted for review and approval to the
Interim designation. Section 5.1.2 was revised to “the student
may be required to provide documentation” per the new
ADAAA Law. Added links to Section 5.1.2 and Section 5.2. In
Section 5.3.3 and Section 5.4, changed “decisions” to
“recommendations.” Rewrote Section 5.6 on Student Appeals,
adding eleven (11) subsections of documentation
Added Section 2.6 on ADA/504 Coordinator, and added
position to text as applicable. Changed Section 5.1.2 to two
business days, and added a web site on student meetings.
Changed title of Academic Adjustments/Auxiliary Aids
Request Form throughout text and in Section 5.2. Changed
Section 5.3.3 to five business days for reviewing the student’s
file. Added information to Section 5.5.1 on the
instructor/official decision. Added information on notification
of denial of request within five business days to Section 5.5.3.
Changed Section 5.6 from “Student Appeals” to “Appeals.”
Revised process for appeals in Section 5.6.1. Changed
Section 5.6.10 concerning notification of an attorney’s
appearance during a student appeal
2
TBD
This SAM is being submitted for review and approval to
remove the Interim designation. Revised Section 2.1, 2.2, 2.3,
and 2.4 definitions to reflect current operating requirements.
Added Section 2.5 definition regarding Fundamental
Alteration, Section 2.8 definition of Student Disability Services
Office, and Section 2.9 definition of Student Disability Services
Director/Manager. Capitalized Student Disability Services
Office throughout text. Changed Section 4 to Instructor
Responsibilities. Added Student Disability Services Office
Director/Manager or their designee to Section 4.1, and removed
AAEC and ADA/504 Coordinator as contact for instructor
questions. Revised course syllabi statement in Section 4.2.
Indicated use of the component’s student disability services
web site regarding documentation in Section 5.1.2. Changed
Academic Adjustments/Auxiliary Aids Request Form to an
Accommodations Form in Section 5.2 and throughout text.
Updated process for signature to either electronic online system
or on printed form in Section 5.2.3. Added Director/Manager
of Student Disability Services Office as a voting member on the
AAEC in Section 5.3.2. Added Section 5.3.4 on the process
regarding alternative accommodation for students. Updated
Section 5.4.1 regarding process for receiving instructor’s
signature on student submission in Section 5.4.1, and removed
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Section 5.4.2. Updated process in Section 5.5.1 regarding
actions taken after seven business days, and also updated
process for denying a recommendation accommodation in
Section 5.5.2. Added recommendation in Section 5.5.3 for
instructor’s supervisor to provide a requested accommodation.
Added process for ADA/504 Coordinator to notification of
final decisions in Section 5.5.4. Added Section 5.5.6 on review
if accommodation is not deemed feasible, and recommendation
of an alternative accommodation. Removed Section 5.6 on
Appeals
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